State v. C. W.

FILED: January 14, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of C. W.,
Alleged to be a Mentally Ill Person.

STATE OF OREGON,

Respondent,

v.

C. W.,

Appellant.

Wallowa County Circuit Court
081102
A138421

Russell B. West, Judge.

Submitted on November 07, 2008.

Anne Morrison filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denis M. Vannier, Assistant Attorney General, filed the brief for respondent.

Before Edmonds, Presiding Judge, and Wollheim, Judge, and Sercombe, Judge.

PER CURIAM

Reversed.

PER CURIAM

Appellant seeks reversal of a judgment committing her as a mentally ill person for a period not to exceed 180 days.  ORS 426.130.  Appellant argues that the record does not establish by clear and convincing evidence that she is unable to provide for her own basic needs because of a mental disorder.  See ORS 426.005(1)(d).  The state concedes that the evidence is insufficient for involuntary commitment and that the judgment should be reversed.  On de novo review of the record, we accept the state's concession and reverse.

Reversed.